Thông tư 04/2021/TT-BCT thời giờ nghỉ ngơi đối với người lao động làm các công việc trong hầm lò

• Số hiệu: 04/2021/TT-BCT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Công thương
• Người ký: Nguyễn Hồng Diên
• Ngày ban hành: 16/07/2021

MINISTRY OF INDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 04/2021/TT-BCT	Hanoi, July 16, 2021

CIRCULAR

ON WORKING HOURS AND RESTING HOURS OF WORKERS WORKING IN UNDERGROUND MINES

Pursuant to Article 116 of the Labor Code No. 45/2019/QH14 approved by National Assembly on November 20, 2019;

Pursuant to Article 68 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government on elaborating to the Labor Code regarding working conditions and working relationship;

Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At request of Director of Department of Personnel and Organization after agreeing with Ministry of Labor – War Invalids and Social Affairs;

Minister of Industry and Trade promulgates Circular on working hours and resting hours of workers working in underground mines.

Chapter I

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Article 1. Scope

This Circular prescribes working hours and resting hours of workers working in underground mines.

Article 2. Regulated entities

1. Regulated entities:

a. Employers that are organizations and individuals that hire, employ workers to work in coal mining, mineral mining via underground mines.

b. Workers working in underground mines.

2. This Circular does not apply to workers who work in underground mine sites but not work in underground mines.

Article 3. Term interpretation

In this Circular, terms below are construed as follows:

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2. Working hours of workers in working positions in the mines refer to the period of time in which workers perform assigned tasks in working positions in the mines until they finish the tasks at working positions, and include break time during working hours.

3. Works in underground mines refer to all activities serving mining taken place from mine opening to working positions in the mines and vice versa.

Chapter II

WORKING HOURS AND BREAK TIME OF WORKERS WORKING IN UNDERGROUND MINES

Article 4. Working hours

1. A working shift of workers working in underground mines must not exceed 9.5 hours per day.

2. Working hours of workers working in working positions in underground mines must not exceed 7 hours per day and must not exceed 42 hours per week.

Article 5. Working overtime

1. Working overtime refers to the act of working beyond a working shift specified under Clause 1 Article 4 hereof.

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3. Preparation for working overtime must receive consent of workers and comply with Article 59 and Article 62 of Decree No. 145/2020/ND-CP of the Government.

4. Preparation for working overtime in special cases shall conform to Article 108 of the Labor Code.

Article 6. Break during working hours

Breaks during working hours shall conform to Article 109 of the Labor Code.

Article 7. Breaks for changing shifts; weekly furlough; holiday and new year furlough; permit furlough and non-paid furlough

Comply with Article 110, Article 111, Article 112, Article 113, and Article 115 of the Labor Code.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of employers

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2. On an annual basis, submitting reports to Ministry Of Industry And Trade before January 15 and submitting irregular reports at request of competent agencies regarding compliance with this Circular.

Article 9. Entry into force

1. This Circular comes into force from September 1, 2021.

2. Department of Personnel and Organization is responsible for supervising and examining compliance with this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

MINISTER




Nguyen Hong Dien